What’s the Difference Between Racial Harassment & Disparate Treatment?

When it comes to issues of race discrimination in the workplace, two terms that often come up are racial harassment and disparate treatment. While these terms are related, they refer to different types of illegal behavior, and understanding the distinction is crucial if you’re experiencing mistreatment based on race. Whether it’s through bullying, preferential treatment, or creating a hostile work environment, both forms of discrimination have serious consequences for your career and well-being. If you feel that you’re a victim of either, consulting with a racial harassment lawyer can help you understand your legal options and rights.

What is Racial Harassment?

Racial harassment occurs when an employee is subjected to offensive or discriminatory behavior based on their race. This could involve verbal abuse, slurs, derogatory comments, or even physical acts that create a hostile work environment. Essentially, racial harassment is when the behavior becomes so severe or pervasive that it interferes with your ability to do your job, or it makes the workplace feel intimidating, hostile, or offensive.

Examples of racial harassment include:

• Racial slurs or insults: Using derogatory language based on someone’s race.
• Jokes or comments: Making offensive jokes or remarks that mock someone’s race or culture.
• Intimidation or bullying: Repeatedly targeting an individual because of their race, such as singling them out in meetings or belittling them for their racial background.
• Physical conduct: Acts of violence or intimidation based on race.

Racial harassment can create an environment where the targeted individual feels unsafe or unwelcome. Importantly, harassment doesn’t have to come from a supervisor or manager; coworkers can also be perpetrators of harassment, and employers are responsible for ensuring a safe, non-hostile work environment.

What is Disparate Treatment?

Disparate treatment, on the other hand, involves intentional inequitable treatment of an individual based on their race. Unlike racial harassment, which involves hostile behavior or offensive comments, disparate treatment refers to unfair or discriminatory actions taken against an employee because of their race. This treatment can occur in many forms, such as being passed over for promotions, receiving less favorable assignments, or being subjected to harsher disciplinary action compared to others.

In a case of disparate treatment, the employee is treated differently, not because of their job performance or qualifications, but because of their race. This intentional disparate treatment can have serious consequences, as it can deny employees opportunities or lead to career stagnation.

Examples of disparate treatment include:

• Promotion discrimination: An employee is passed over for promotion due to their race, even though they are more qualified than others who are promoted.
• Inequitable treatment: An employee is given less favorable job assignments or denied a raise due to their race.
• Retaliation: An employee faces retaliation for complaining about discrimination or race-based issues in the workplace.

How Do Racial Harassment & Disparate Treatment Differ?

The key difference between racial harassment and disparate treatment is that harassment involves offensive or hostile conduct that makes the work environment intolerable, while disparate treatment is about intentional inequitable treatment where race is the deciding factor for decisions made at work.

1. Harassment: It’s often about behavior—offensive jokes, slurs, or unwelcome actions that create an abusive or intimidating environment.
2. Disparate Treatment: It’s more about intentional discrimination in decisions such as hiring, promotions, assignments, or even firing. It involves being treated unfairly because of race, not because of behavior.

For example, if a supervisor makes derogatory comments about an employee’s race, this could be considered racial harassment. However, if that supervisor then consistently gives the employee less favorable work assignments or withholds promotions because of their race, that could be a case of disparate treatment.

How Do I Know if My Treatment Was Intentional?

Determining whether the treatment you’re facing was intentional disparate treatment can be difficult, but there are signs that can indicate intentionality. Some of the factors to consider include:

• Pattern of behavior: If you’ve been subjected to differential treatment based on your race repeatedly, it’s more likely to be intentional discrimination.
• Disparate treatment compared to others: If coworkers of a different race are treated more favorably than you despite having similar qualifications and experience, it may indicate intentional disparate treatment.
• Lack of legitimate reasons: If the employer or supervisor can’t provide valid, non-discriminatory reasons for their actions (such as a fair explanation for not promoting you), it may be a sign of discrimination.
• Prejudiced remarks: If comments about your race are made in a way that impacts your job or opportunities, it may reflect intentional racial bias.

Can I Sue for Racial Harassment or Disparate Treatment?

Yes, you can sue for both racial harassment and disparate treatment if you believe you’ve been the victim of unlawful discrimination. Under federal law, both of these actions are prohibited under Title VII of the Civil Rights Act of 1964, which protects employees from discrimination based on race, color, national origin, sex, and religion.

If you experience racial harassment, you may be entitled to file a lawsuit for creating a hostile work environment. For disparate treatment, you may be able to file a claim for race discrimination if your employer’s actions have led to unfair treatment or harm.

If you’re unsure whether you’ve experienced discrimination or harassment, consulting with a racial harassment lawyer can help you determine whether you have a valid claim and what steps to take next. They can assist you in navigating the legal process, filing complaints, and potentially pursuing a lawsuit if necessary.

Know Your Rights Against Racial Harassment

Both racial harassment and disparate treatment are forms of race discrimination in the workplace, but they differ in the way they manifest. Harassment typically involves offensive behavior that creates a hostile environment, while disparate treatment refers to unfair and unequal treatment based on race. If you’ve experienced either, it’s crucial to know your rights and take steps to protect yourself. Consulting with a racial harassment lawyer can help you understand your options and guide you through the process of seeking justice for any mistreatment you’ve endured at work.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees. If you are experiencing discrimination, harassment or retaliation at work due to your race, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.